Full Text of SB2362 99th General Assembly
SB2362sam001 99TH GENERAL ASSEMBLY | Sen. Daniel Biss Filed: 2/18/2016
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| 1 | | AMENDMENT TO SENATE BILL 2362
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2362 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Salaries Act is amended by changing | 5 | | Sections 3.2 and 3.3 as follows:
| 6 | | (5 ILCS 290/3.2) (from Ch. 53, par. 3.2)
| 7 | | Sec. 3.2. Salaries of
Judges of the Circuit Court. From | 8 | | July 1, 1982 through June 30, 1983,
each judge of the Circuit | 9 | | Court shall receive and be paid out of the
State Treasury an | 10 | | annual salary of $57,500. On and after July 1, 1983,
each judge | 11 | | of the Circuit Court shall receive and be paid out of the State
| 12 | | Treasury an annual salary of $65,000, or an amount set by the | 13 | | Compensation
Review Board, whichever is greater. The judges of | 14 | | the Circuit Court
in the Judicial Court constituted by the | 15 | | First Judicial District and in
other Judicial circuits composed | 16 | | of a single county shall each be paid by
the county in which |
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| 1 | | their circuit lies an additional salary of $500 per
year. Such | 2 | | additional salary shall be paid in installments by the County
| 3 | | Clerk, at the end of each half month, by drawing a warrant | 4 | | therefor in
favor of each of the judges on the County Treasurer | 5 | | who shall pay the same
on presentation properly endorsed.
| 6 | | The judges of Circuit Courts , other than those of the | 7 | | Circuit
Court in the Judicial Court constituted by the First | 8 | | Judicial District and
those in any other Judicial circuit | 9 | | composed of a single county, shall
each be paid out of the | 10 | | State Treasury an additional salary of $500 per year.
| 11 | | The counties in each Judicial circuit , other than the | 12 | | Circuit Court
in the Judicial Court constituted by the First | 13 | | Judicial District and any
Judicial circuit composed of a single | 14 | | county, shall reimburse the State
Treasury for each additional | 15 | | $500 salary paid to judges of their
Circuit Courts. The sums to | 16 | | be paid by the counties in each such circuit
shall be computed | 17 | | by the Supreme Court and
shall be apportioned among those | 18 | | counties in accordance with their
respective populations | 19 | | compared with the total population of all
counties within the | 20 | | same circuit. The population of each county shall
be determined | 21 | | by the last federal census immediately preceding such
| 22 | | reimbursement. Each county shall pay its portion of | 23 | | reimbursement not
later than the last day of March in the year | 24 | | immediately following such
additional salary payment by the | 25 | | State.
| 26 | | (Source: P.A. 86-1028; 86-1447 .)
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| 1 | | (5 ILCS 290/3.3) (from Ch. 53, par. 3.3)
| 2 | | Sec. 3.3. Salaries of Associate Judges of the Circuit | 3 | | Court.
| 4 | | (a) In Judicial Circuits each associate judge shall be paid | 5 | | out
of the State Treasury an annual salary as follows: from | 6 | | July 1, 1982 through
June 30, 1983, $52,500; on and after July | 7 | | 1, 1983, $60,000, or an amount
set by the Compensation Review | 8 | | Board, whichever
is greater. In such judicial circuits which | 9 | | are composed of a
single county, each associate judge shall be | 10 | | paid by the county in which
such circuit lies an additional | 11 | | salary of $500 per year. Such additional
salary shall be paid | 12 | | in installments by the County Clerk, at the end of
each half | 13 | | month, by drawing a warrant therefor in favor of each of the
| 14 | | associate judges on the County Treasurer who shall pay the same | 15 | | on
presentation properly endorsed.
| 16 | | (b) In the Judicial Circuit constituted by the First | 17 | | Judicial District,
each associate judge shall be paid out of | 18 | | the State
Treasury an annual salary as follows: from July 1, | 19 | | 1982 through June 30,
1983, $52,500; on and after July 1, 1983, | 20 | | $60,000, or an amount set by
the Compensation Review Board, | 21 | | whichever is greater.
In addition to this annual amount, each | 22 | | such associate judge
shall be paid by the county in which such | 23 | | Circuit lies, an additional
salary of $500 per year. Such | 24 | | additional salary shall be paid in
installments by the County | 25 | | Clerk, at the end of each half month, by drawing
a warrant |
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| 1 | | therefor in favor of each of the judges on the County Treasurer
| 2 | | who shall pay the same on presentation properly endorsed.
| 3 | | Associate judges , other than those of the Circuit
Court in | 4 | | the Judicial Court constituted by the First Judicial District | 5 | | and
those in any other Judicial circuit composed of a single | 6 | | county, shall
each be paid out of the State Treasury an | 7 | | additional salary of $500 per year.
| 8 | | The counties in each Judicial circuit , other than the | 9 | | Circuit Court
in the Judicial Court constituted by the First | 10 | | Judicial District and any
Judicial circuit composed of a single | 11 | | county, shall reimburse the State
Treasury for each additional | 12 | | $500 salary paid to associate judges of their
Circuit Courts. | 13 | | The sums to be paid by the counties in each such circuit
shall | 14 | | be computed by the Supreme Court and
shall be apportioned among | 15 | | those counties in accordance with their
respective populations | 16 | | compared with the total population of all
counties within the | 17 | | same circuit. The population of each county shall
be determined | 18 | | by the last federal census immediately preceding such
| 19 | | reimbursement. Each county shall pay its portion of | 20 | | reimbursement not
later than the last day of March in the year | 21 | | immediately following such
additional salary payment by the | 22 | | State.
| 23 | | (Source: P.A. 86-1028; 86-1447.)
| 24 | | Section 10. The Illinois Pension Code is amended by | 25 | | changing Sections 7-139, 7-139.2, 7-142.1, 7-145.1, 7-169, |
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| 1 | | 14-123, 14-123.1, 14-124, 14-125, 14-127, 15-158.2, 18-125, | 2 | | 18-126.1, 18-128.01, and 18-133 as follows:
| 3 | | (40 ILCS 5/7-139) (from Ch. 108 1/2, par. 7-139)
| 4 | | (Text of Section WITHOUT the changes made by P.A. 98-599, | 5 | | which has been
held unconstitutional)
| 6 | | Sec. 7-139. Credits and creditable service to employees.
| 7 | | (a) Each participating employee shall be granted credits | 8 | | and creditable
service, for purposes of determining the amount | 9 | | of any annuity or benefit
to which he or a beneficiary is | 10 | | entitled, as follows:
| 11 | | 1. For prior service: Each participating employee who | 12 | | is an employee
of a participating municipality or | 13 | | participating instrumentality on the
effective date shall | 14 | | be granted creditable service, but no credits under
| 15 | | paragraph 2 of this subsection (a), for periods of prior | 16 | | service for which
credit has not been received under any | 17 | | other pension fund or retirement system
established under | 18 | | this Code, as follows:
| 19 | | If the effective date of participation for the | 20 | | participating municipality
or participating | 21 | | instrumentality is on or before January 1, 1998, creditable
| 22 | | service shall be granted for the entire period of prior | 23 | | service with that
employer without any employee | 24 | | contribution.
| 25 | | If the effective date of participation for the |
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| 1 | | participating municipality
or participating | 2 | | instrumentality is after January 1, 1998, creditable
| 3 | | service shall be granted for the last 20% of the period of | 4 | | prior service with
that employer, but no more than 5 years, | 5 | | without any employee contribution. A
participating | 6 | | employee may establish creditable service for the | 7 | | remainder of
the period of prior service with that employer | 8 | | by making an application in
writing, accompanied by payment | 9 | | of an employee contribution in an
amount determined by the | 10 | | Fund, based on the employee contribution rates in
effect at | 11 | | the time of application for the creditable service and the | 12 | | employee's
salary rate on the effective date of | 13 | | participation for that employer, plus
interest at the | 14 | | effective rate from the date of the prior service to the | 15 | | date
of payment. Application for this creditable service | 16 | | may be made at any time
while the employee is still in | 17 | | service.
| 18 | | A municipality that (i) has at least 35 employees; (ii) | 19 | | is located in a county with at least 2,000,000 inhabitants; | 20 | | and (iii) maintains an independent defined benefit pension | 21 | | plan for the benefit of its eligible employees may restrict | 22 | | creditable service in whole or in part for periods of prior | 23 | | service with the employer if the governing body of the | 24 | | municipality adopts an irrevocable resolution to restrict | 25 | | that creditable service and files the resolution with the | 26 | | board before the municipality's effective date of |
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| 1 | | participation.
| 2 | | Any person who has withdrawn from the service of a | 3 | | participating
municipality
or participating | 4 | | instrumentality prior to the effective date, who reenters
| 5 | | the service of the same municipality or participating | 6 | | instrumentality after
the effective date and becomes a | 7 | | participating employee is entitled to
creditable service | 8 | | for prior service as otherwise provided in this
subdivision | 9 | | (a)(1) only if he or she renders 2 years of service as a
| 10 | | participating employee after the effective date. | 11 | | Application
for such service must be made while in a | 12 | | participating status.
The salary rate to be used in the | 13 | | calculation of the required employee
contribution, if any, | 14 | | shall be the employee's salary rate at the time of first
| 15 | | reentering service with the employer after the employer's | 16 | | effective date of
participation.
| 17 | | 2. For current service, each participating employee | 18 | | shall be
credited with:
| 19 | | a. Additional credits of amounts equal to each | 20 | | payment of additional
contributions received from him | 21 | | under Section 7-173, as of the
date the corresponding | 22 | | payment of earnings is payable to him.
| 23 | | b. Normal credits of amounts equal to each payment | 24 | | of normal
contributions received from him, as of the | 25 | | date the corresponding payment of
earnings is payable | 26 | | to him, and normal contributions made for the purpose |
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| 1 | | of
establishing out-of-state service credits as | 2 | | permitted under the conditions set
forth in paragraph 6 | 3 | | of this subsection (a).
| 4 | | c. Municipality credits in an amount equal to 1.4 | 5 | | times the normal
credits, except those established by | 6 | | out-of-state service credits, as of
the date of | 7 | | computation of any benefit if these credits would | 8 | | increase
the benefit.
| 9 | | d. Survivor credits equal to each payment of | 10 | | survivor contributions
received from the participating | 11 | | employee as of the date the
corresponding payment of | 12 | | earnings is payable, and survivor contributions made
| 13 | | for the purpose of establishing out-of-state service | 14 | | credits.
| 15 | | 3. For periods of temporary and total and permanent | 16 | | disability
benefits, each employee receiving disability | 17 | | benefits shall be granted
creditable service for the period | 18 | | during which disability benefits are
payable. Normal and | 19 | | survivor credits, based upon the rate of earnings
applied | 20 | | for disability benefits, shall also be granted if such | 21 | | credits
would result in a higher benefit to any such | 22 | | employee or his
beneficiary.
| 23 | | 4. For authorized leave of absence without pay: A | 24 | | participating
employee shall be granted credits and | 25 | | creditable service for periods of
authorized leave of | 26 | | absence without pay under the following
conditions:
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| 1 | | a. An application for credits and creditable | 2 | | service is submitted to the
board while the employee is | 3 | | in a status of
active employment.
| 4 | | b. Not more than 12 complete months of creditable | 5 | | service
for authorized leave of absence without pay | 6 | | shall be counted for purposes of
determining any | 7 | | benefits payable under this Article.
| 8 | | c. Credits and creditable service shall be granted | 9 | | for leave of
absence only if such leave is approved by | 10 | | the governing body of the
municipality, including | 11 | | approval of the estimated cost thereof to the
| 12 | | municipality as determined by the fund, and employee | 13 | | contributions, plus
interest at the effective rate | 14 | | applicable for each year from the end of
the period of | 15 | | leave to date of payment, have been paid to the fund in
| 16 | | accordance with Section 7-173. The contributions shall | 17 | | be computed upon the
assumption earnings continued | 18 | | during the period of leave at the rate in
effect when | 19 | | the leave began.
| 20 | | d. Benefits under the provisions of Sections | 21 | | 7-141, 7-146, 7-150
and 7-163 shall become payable to | 22 | | employees on authorized leave of
absence, or their | 23 | | designated beneficiary, only if such leave of absence
| 24 | | is creditable hereunder, and if the employee has at | 25 | | least one year of
creditable service other than the | 26 | | service granted for leave of absence.
Any employee |
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| 1 | | contributions due may be deducted from any benefits
| 2 | | payable.
| 3 | | e. No credits or creditable service shall be | 4 | | allowed for leave of
absence without pay during any | 5 | | period of prior service.
| 6 | | 5. For military service: The governing body of a | 7 | | municipality or
participating instrumentality may elect to | 8 | | allow creditable service to
participating employees who | 9 | | leave their employment to serve in the armed
forces of the | 10 | | United States for all periods of such service, provided
| 11 | | that the person returns to active employment within 90 days | 12 | | after
completion
of full time active duty, but no | 13 | | creditable service shall be allowed such
person for any | 14 | | period that can be used in the computation of a pension
or | 15 | | any other pay or benefit, other than pay for active duty, | 16 | | for service
in any branch of the armed forces of the United | 17 | | States. If necessary to
the computation of any benefit, the | 18 | | board shall establish municipality
credits for | 19 | | participating employees under this paragraph on the
| 20 | | assumption that the employee received earnings at the rate | 21 | | received at
the time he left the employment to enter the | 22 | | armed forces. A
participating employee in the armed forces | 23 | | shall not be considered an
employee during such period of | 24 | | service and no additional death and no
disability benefits | 25 | | are payable for death or disability during such period.
| 26 | | Any participating employee who left his employment |
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| 1 | | with a
municipality or participating instrumentality to | 2 | | serve in the armed
forces of the United States and who | 3 | | again became a participating
employee within 90 days after | 4 | | completion of full time active duty by
entering the service | 5 | | of a different municipality or participating
| 6 | | instrumentality, which has elected to allow creditable | 7 | | service for
periods of military service under the preceding | 8 | | paragraph, shall also be
allowed creditable service for his | 9 | | period of military service on the
same terms that would | 10 | | apply if he had been employed, before entering
military | 11 | | service, by the municipality or instrumentality which | 12 | | employed
him after he left the military service and the | 13 | | employer costs arising in
relation to such grant of | 14 | | creditable service shall be charged to and
paid by that | 15 | | municipality or instrumentality.
| 16 | | Notwithstanding the foregoing, any participating | 17 | | employee
shall be entitled to creditable service as | 18 | | required by any federal law
relating to re-employment | 19 | | rights of persons who served in the United States
Armed | 20 | | Services. Such creditable service shall be granted upon | 21 | | payment by
the member of an amount equal to the employee | 22 | | contributions which would
have been required had the | 23 | | employee continued in service at the same
rate of earnings | 24 | | during the military leave period, plus interest at
the | 25 | | effective rate.
| 26 | | 5.1. In addition to any creditable service established |
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| 1 | | under
paragraph 5 of this subsection (a), creditable | 2 | | service may be granted for
up to 48 months of service in | 3 | | the armed forces of the United States.
| 4 | | In order to receive creditable service for military | 5 | | service under this
paragraph 5.1, a participating employee | 6 | | must (1) apply to the Fund
in writing and provide evidence | 7 | | of the military service that is satisfactory
to the Board; | 8 | | (2) obtain the written approval of the current employer; | 9 | | and (3)
make contributions to the Fund equal to (i)
the | 10 | | employee contributions that would have been required had | 11 | | the service been
rendered as a member, plus (ii) an amount | 12 | | determined by the board to be equal
to the employer's | 13 | | normal cost of the benefits accrued for that military
| 14 | | service, plus (iii) interest on items (i) and (ii) from the | 15 | | date of first
membership in the Fund to the date of | 16 | | payment. The required interest shall be
calculated at the | 17 | | regular interest rate.
| 18 | | The changes made to this paragraph 5.1 by Public Acts | 19 | | 95-483 and 95-486
apply only to participating employees in | 20 | | service on or after August 28, 2007 (the effective date of | 21 | | those Public Acts).
| 22 | | 6. For out-of-state service: Creditable service shall | 23 | | be granted for
service rendered to an out-of-state local | 24 | | governmental body under the
following conditions: The | 25 | | employee had participated and has irrevocably
forfeited | 26 | | all rights to benefits in the out-of-state public employees
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| 1 | | pension system; the governing body of his participating | 2 | | municipality or
instrumentality authorizes the employee to | 3 | | establish such service; the
employee has 2 years current | 4 | | service with this municipality or
participating | 5 | | instrumentality; the employee makes a payment of
| 6 | | contributions, which shall be computed at 8% (normal) plus | 7 | | 2% (survivor)
times length of service purchased times the | 8 | | average rate of earnings for the
first 2
years of service | 9 | | with the municipality or participating
instrumentality | 10 | | whose governing body authorizes the service established
| 11 | | plus interest at the effective rate on the date such | 12 | | credits are
established, payable from the date the employee | 13 | | completes the required 2
years of current service to date | 14 | | of payment. In no case shall more than
120 months of | 15 | | creditable service be granted under this provision.
| 16 | | 7. For retroactive service: Any employee who could have | 17 | | but did not
elect to become a participating employee, or | 18 | | who should have been a
participant in the Municipal Public | 19 | | Utilities Annuity and Benefit Fund
before that fund was | 20 | | superseded, may receive creditable service for the
period | 21 | | of service not to exceed 50 months; however, a current or | 22 | | former
elected or appointed official of a participating | 23 | | municipality may establish credit under this paragraph 7 | 24 | | for more than 50
months of service as an official of that | 25 | | municipality, if the excess over 50 months is approved by | 26 | | resolution of the
governing body of the affected |
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| 1 | | municipality filed with
the Fund before January 1, 2002.
| 2 | | Any employee who is a
participating employee on or | 3 | | after September 24, 1981 and who was
excluded from | 4 | | participation by the age restrictions removed by Public Act
| 5 | | 82-596 may receive creditable service for the period, on or | 6 | | after January
1, 1979, excluded by the age restriction and, | 7 | | in addition, if the governing
body of the participating | 8 | | municipality or participating instrumentality elects
to | 9 | | allow creditable service for all employees excluded by the | 10 | | age restriction
prior to January 1, 1979, for service | 11 | | during the period prior to that date
excluded by the age | 12 | | restriction. Any employee who was excluded from
| 13 | | participation by the age restriction removed by Public Act | 14 | | 82-596 and who is
not a participating employee on or after | 15 | | September 24, 1981 may receive
creditable service for | 16 | | service after January 1,
1979. Creditable service under | 17 | | this paragraph
shall be granted upon payment of the | 18 | | employee contributions
which would have been required had | 19 | | he participated, with interest at the
effective rate for | 20 | | each year from the end of the period of service
established | 21 | | to date of payment.
| 22 | | 8. For accumulated unused sick leave: A participating | 23 | | employee who is
applying for a retirement annuity shall be | 24 | | entitled to creditable service
for that portion of the | 25 | | employee's accumulated unused sick leave
for which payment | 26 | | is not received, as follows:
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| 1 | | a. Sick leave days shall be limited to those | 2 | | accumulated under a sick
leave plan established by a | 3 | | participating municipality or participating
| 4 | | instrumentality which is available to all employees or | 5 | | a class of employees.
| 6 | | b. Except as provided in item b-1, only sick leave | 7 | | days accumulated with a participating municipality or
| 8 | | participating instrumentality with which the employee | 9 | | was in service within
60 days of the effective date of | 10 | | his retirement annuity shall be credited;
If the | 11 | | employee was in service with more than one employer | 12 | | during this
period only the sick leave days with the | 13 | | employer with which the employee
has the greatest | 14 | | number of unpaid sick leave days shall be considered.
| 15 | | b-1. If the employee was in the service of more | 16 | | than one employer as defined in item (2) of paragraph | 17 | | (a) of subsection (A) of Section 7-132, then the sick | 18 | | leave days from all such employers shall be credited, | 19 | | as long as the creditable service attributed to those | 20 | | sick leave days does not exceed the limitation in item | 21 | | f of this paragraph 8. In calculating the creditable | 22 | | service under this item b-1, the sick leave days from | 23 | | the last employer shall be considered first, then the | 24 | | remaining sick leave days shall be considered until | 25 | | there are no more days or the maximum creditable sick | 26 | | leave threshold under item f of this paragraph 8 has |
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| 1 | | been reached.
| 2 | | c. The creditable service granted shall be | 3 | | considered solely for the
purpose of computing the | 4 | | amount of the retirement annuity and shall not be
used | 5 | | to establish any minimum service period required by any | 6 | | provision of the
Illinois Pension Code, the effective | 7 | | date of the retirement annuity, or the
final rate of | 8 | | earnings.
| 9 | | d. The creditable service shall be at the rate of | 10 | | 1/20 of a month for
each full sick day, provided that | 11 | | no more than 12 months may be credited
under this | 12 | | subdivision 8.
| 13 | | e. Employee contributions shall not be required | 14 | | for creditable service
under this subdivision 8.
| 15 | | f. Each participating municipality and | 16 | | participating instrumentality
with which an employee | 17 | | has service within 60 days of the effective date of
his | 18 | | retirement annuity shall certify to the board the | 19 | | number of accumulated
unpaid sick leave days credited | 20 | | to the employee at the time of termination
of service.
| 21 | | 9. For service transferred from another system: | 22 | | Credits and
creditable service shall be granted for service | 23 | | under Article 4, 5, 8, 14,
or 16 of this Act, to any active | 24 | | member of this Fund, and to any
inactive member who has | 25 | | been a county sheriff, upon
transfer of such credits | 26 | | pursuant to Section 4-108.3, 5-235,
8-226.7,
14-105.6, or |
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| 1 | | 16-131.4, and payment by the member of the amount by
which | 2 | | (1) the employer and employee contributions that would have | 3 | | been required
if he had participated in this Fund as a | 4 | | sheriff's law enforcement employee
during the period for | 5 | | which credit is
being transferred, plus interest thereon at | 6 | | the effective rate for each
year, compounded annually, from | 7 | | the date of termination of the service for
which credit is | 8 | | being transferred to the date of payment, exceeds (2) the
| 9 | | amount actually transferred to the Fund.
Such transferred | 10 | | service shall be deemed to be service as a sheriff's law
| 11 | | enforcement employee for the purposes of Section 7-142.1.
| 12 | | 10. (Blank).
| 13 | | 11. For service transferred from an Article 3 system | 14 | | under Section 3-110.3: Credits and creditable service | 15 | | shall be granted for service under Article 3 of this Act as | 16 | | provided in Section 3-110.3, to any active member of this | 17 | | Fund, upon transfer of such credits pursuant to Section | 18 | | 3-110.3. If the board determines that the amount | 19 | | transferred is less than the true cost to the Fund of | 20 | | allowing that creditable service to be established, then in | 21 | | order to establish that creditable service, the member must | 22 | | pay to the Fund an additional contribution equal to the | 23 | | difference, as determined by the board in accordance with | 24 | | the rules and procedures adopted under this paragraph. If | 25 | | the member does not make the full additional payment as | 26 | | required by this paragraph prior to termination of his |
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| 1 | | participation with that employer, then his or her | 2 | | creditable service shall be reduced by an amount equal to | 3 | | the difference between the amount transferred under | 4 | | Section 3-110.3, including any payments made by the member | 5 | | under this paragraph prior to termination, and the true | 6 | | cost to the Fund of allowing that creditable service to be | 7 | | established, as determined by the board in accordance with | 8 | | the rules and procedures adopted under this paragraph. | 9 | | The board shall establish by rule the manner of making | 10 | | the calculation required under this paragraph 11, taking | 11 | | into account the appropriate actuarial assumptions; the | 12 | | member's service, age, and salary history, and any other | 13 | | factors that the board determines to be relevant. | 14 | | 12. For omitted service: Any employee who was employed | 15 | | by a participating employer in a position that required | 16 | | participation, but who was not enrolled in the Fund, may | 17 | | establish such credits under the following conditions: | 18 | | a. Application for such credits is received by the | 19 | | Board while the employee is an active participant of | 20 | | the Fund or a reciprocal retirement system. | 21 | | b. Eligibility for participation and earnings are | 22 | | verified by the Authorized Agent of the participating | 23 | | employer for which the service was rendered. | 24 | | Creditable service under this paragraph shall be | 25 | | granted upon payment of the employee contributions that | 26 | | would have been required had he participated, which shall |
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| 1 | | be calculated by the Fund using the member contribution | 2 | | rate in effect during the period that the service was | 3 | | rendered. | 4 | | (b) Creditable service - amount:
| 5 | | 1. One month of creditable service
shall be allowed for | 6 | | each month for which a participating employee made
| 7 | | contributions as required under Section 7-173, or for which | 8 | | creditable
service is otherwise granted hereunder. Not | 9 | | more than 1 month of
service shall be credited and counted | 10 | | for 1 calendar month, and not more
than 1 year of service | 11 | | shall be credited and counted for any calendar
year. A | 12 | | calendar month means a nominal month beginning on the first | 13 | | day
thereof, and a calendar year means a year beginning | 14 | | January 1 and ending
December 31.
| 15 | | 2. A seasonal employee shall be given 12 months of | 16 | | creditable
service if he renders the number of months of | 17 | | service normally required
by the position in a 12-month | 18 | | period and he remains in service for the
entire 12-month | 19 | | period. Otherwise a fractional year of service in the
| 20 | | number of months of service rendered shall be credited.
| 21 | | 3. An intermittent employee shall be given creditable | 22 | | service for
only those months in which a contribution is | 23 | | made under Section 7-173.
| 24 | | (c) No application for correction of credits or creditable | 25 | | service shall
be considered unless the board receives an | 26 | | application for correction while
(1) the applicant is a |
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| 1 | | participating employee and in active employment
with a | 2 | | participating municipality or instrumentality, or (2) while | 3 | | the
applicant is actively participating in a pension fund or | 4 | | retirement
system which is a participating system under the | 5 | | Retirement Systems
Reciprocal Act. A participating employee or | 6 | | other applicant shall not be
entitled to credits or creditable | 7 | | service unless the required employee
contributions are made in | 8 | | a lump sum or in installments made in accordance
with board | 9 | | rule. Payments made to establish service credit under paragraph | 10 | | 1, 4, 5, 5.1, 6, 7, or 12 of subsection (a) of this Section must | 11 | | be received by the Board while the applicant is an active | 12 | | participant in the Fund or a reciprocal retirement system, | 13 | | except that an applicant may make one payment after termination | 14 | | of active participation in the Fund or a reciprocal retirement | 15 | | system. | 16 | | (d) Upon the granting of a retirement, surviving spouse or | 17 | | child
annuity, a death benefit or a separation benefit, on | 18 | | account of any
employee, all individual accumulated credits | 19 | | shall thereupon terminate.
Upon the withdrawal of additional | 20 | | contributions, the credits applicable
thereto shall thereupon | 21 | | terminate. Terminated credits shall not be applied
to increase | 22 | | the benefits any remaining employee would otherwise receive | 23 | | under
this Article.
| 24 | | (Source: P.A. 97-415, eff. 8-16-11; 98-439, eff. 8-16-13; | 25 | | 98-932, eff. 8-15-14.)
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| 1 | | (40 ILCS 5/7-139.2) (from Ch. 108 1/2, par. 7-139.2)
| 2 | | Sec. 7-139.2. Validation of service credits. An active | 3 | | member of the General Assembly having no service credits or
| 4 | | creditable service in the Fund, may establish service credit | 5 | | and
creditable service for periods during which he was an | 6 | | employee of a
municipality in an elective office and could have | 7 | | elected to participate
in the Fund but did not so elect. | 8 | | Service credits and creditable service
may be established by | 9 | | payment to the Fund of an amount equal to the
contributions he | 10 | | would have made
if he had elected to participate plus
interest | 11 | | to the date of payment, together with the applicable
| 12 | | municipality credits including interest, but the total period | 13 | | of such
creditable service that may be validated shall not | 14 | | exceed 8 years. Payments made to establish such service credit | 15 | | must be received by the Board while the member is an active | 16 | | participant in the General Assembly Retirement System, except | 17 | | that one payment will be permitted after the member terminates | 18 | | such service.
| 19 | | (Source: P.A. 81-1536.)
| 20 | | (40 ILCS 5/7-142.1) (from Ch. 108 1/2, par. 7-142.1) | 21 | | Sec. 7-142.1. Sheriff's law enforcement employees.
| 22 | | (a) In lieu of the retirement annuity provided by | 23 | | subparagraph 1 of
paragraph (a) of Section 7-142:
| 24 | | Any sheriff's law enforcement employee who
has 20 or more | 25 | | years of service in that capacity and who terminates
service |
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| 1 | | prior to January 1, 1988 shall be entitled at his
option to | 2 | | receive a monthly retirement annuity for his service as a
| 3 | | sheriff's law enforcement employee computed by multiplying 2% | 4 | | for each year
of such service up to 10 years, 2 1/4% for each | 5 | | year
of such service above 10 years and up to 20 years, and
2 | 6 | | 1/2% for each year of such service above
20 years, by his | 7 | | annual final rate of earnings and dividing by 12.
| 8 | | Any sheriff's law enforcement employee who has 20 or more | 9 | | years of
service in that capacity and who terminates service on | 10 | | or after January 1,
1988 and before July 1, 2004 shall be | 11 | | entitled at his option to receive
a monthly retirement
annuity | 12 | | for his service as a sheriff's law enforcement employee | 13 | | computed by
multiplying 2.5% for each year of such service up | 14 | | to 20 years, 2% for each
year of such service above 20 years | 15 | | and up to 30 years, and 1% for each
year of such service above | 16 | | 30 years, by his annual final rate of earnings
and dividing by | 17 | | 12.
| 18 | | Any sheriff's law enforcement employee who has 20 or more | 19 | | years of
service in that capacity and who terminates service on | 20 | | or after July 1,
2004 shall be entitled at his or her option to | 21 | | receive a monthly retirement
annuity for service as a sheriff's | 22 | | law enforcement employee computed by
multiplying 2.5% for each | 23 | | year of such service by his annual final rate of
earnings and | 24 | | dividing by 12.
| 25 | | If a sheriff's law enforcement employee has service in any | 26 | | other
capacity, his retirement annuity for service as a |
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| 1 | | sheriff's law enforcement
employee may be computed under this | 2 | | Section and the retirement annuity for
his other service under | 3 | | Section 7-142.
| 4 | | In no case shall the total monthly retirement annuity for | 5 | | persons who retire before July 1, 2004 exceed 75% of the
| 6 | | monthly final rate of earnings. In no case shall the total | 7 | | monthly retirement annuity for persons who retire on or after | 8 | | July 1, 2004 exceed 80% of the
monthly final rate of earnings.
| 9 | | (b) Whenever continued group insurance coverage is elected | 10 | | in accordance
with the provisions of Section 367h of the | 11 | | Illinois Insurance Code, as now
or hereafter amended, the total | 12 | | monthly premium for such continued group
insurance coverage or | 13 | | such portion thereof as is not paid
by the municipality shall, | 14 | | upon request of the person electing such
continued group | 15 | | insurance coverage, be deducted from any monthly pension
| 16 | | benefit otherwise payable to such person pursuant to this | 17 | | Section, to be
remitted by the Fund to the insurance company
or | 18 | | other entity providing the group insurance coverage.
| 19 | | (c) A sheriff's law enforcement employee who began service | 20 | | in that capacity prior to the effective date of this amendatory | 21 | | Act of the 97th General Assembly and who has service in any | 22 | | other
capacity may convert up to 10 years of that service into | 23 | | service as a sheriff's
law enforcement employee by paying to | 24 | | the Fund an amount equal to (1) the
additional employee | 25 | | contribution required under Section 7-173.1, plus (2) the | 26 | | additional employer contribution required under Section 7-172, |
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| 1 | | plus (3) interest on items (1) and (2) at the
prescribed rate | 2 | | from the date of the service to the date of payment.
| 3 | | Application must be received by the Board while the employee is | 4 | | an active participant in the Fund. Payment must be received | 5 | | while the member is an active participant, except that one | 6 | | payment will be permitted after termination of participation. | 7 | | (d) The changes to subsections (a) and (b) of this Section | 8 | | made by this amendatory Act of the 94th General Assembly apply | 9 | | only to persons in service on or after July 1, 2004. In the | 10 | | case of such a person who begins to receive a retirement | 11 | | annuity before the effective date of this amendatory Act of the | 12 | | 94th General Assembly, the annuity shall be recalculated | 13 | | prospectively to reflect those changes, with the resulting | 14 | | increase beginning to accrue on the first annuity payment date | 15 | | following the effective date of this amendatory Act.
| 16 | | (e) Any elected county officer who was entitled to receive | 17 | | a stipend from the State on or after July 1, 2009 and on or | 18 | | before June 30, 2010 may establish earnings credit for the | 19 | | amount of stipend not received, if the elected county official | 20 | | applies in writing to the fund within 6 months after the | 21 | | effective date of this amendatory Act of the 96th General | 22 | | Assembly and pays to the fund an amount equal to (i) employee | 23 | | contributions on the amount of stipend not received, (ii) | 24 | | employer contributions determined by the Board equal to the | 25 | | employer's normal cost of the benefit on the amount of stipend | 26 | | not received, plus (iii) interest on items (i) and (ii) at the |
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| 1 | | actuarially assumed rate. | 2 | | (f) Notwithstanding any other provision of this Article,
| 3 | | the provisions of this subsection (f) apply to a person who | 4 | | first
becomes a sheriff's law enforcement employee under this | 5 | | Article on or after January 1, 2011. | 6 | | A sheriff's law enforcement employee age 55 or more who has | 7 | | 10 or more years of service in that capacity shall be entitled | 8 | | at his option to receive a monthly retirement annuity for his | 9 | | or her service as a sheriff's law enforcement employee computed | 10 | | by multiplying 2.5% for each year of such service by his or her | 11 | | final rate of earnings. | 12 | | The retirement annuity of a sheriff's law enforcement | 13 | | employee who is retiring after attaining age 50 with 10 or more | 14 | | years of creditable service shall be reduced by one-half of 1% | 15 | | for each month that the sheriff's law enforcement employee's | 16 | | age is under age 55. | 17 | | The maximum retirement annuity under this subsection (f) | 18 | | shall be 75%
of final rate of earnings. | 19 | | For the purposes of this subsection (f), "final rate of | 20 | | earnings" means the average monthly earnings obtained by | 21 | | dividing the total salary of the sheriff's law enforcement | 22 | | employee during the 96 consecutive months of service within the | 23 | | last 120 months of service in which the total earnings was the | 24 | | highest by the number of months of service in that period. | 25 | | Notwithstanding any other provision of this Article, | 26 | | beginning on January 1, 2011, for all purposes under this Code |
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| 1 | | (including without limitation the calculation of benefits and | 2 | | employee contributions), the annual earnings of a sheriff's law | 3 | | enforcement employee to whom this Section applies shall not | 4 | | include overtime and shall not exceed $106,800; however, that | 5 | | amount shall annually thereafter be increased by the lesser of | 6 | | (i) 3% of that amount, including all previous adjustments, or | 7 | | (ii) one-half the annual unadjusted percentage increase (but | 8 | | not less than zero) in the consumer price index-u for the 12 | 9 | | months ending with the September preceding each November 1, | 10 | | including all previous adjustments. | 11 | | (g) Notwithstanding any other provision of this Article, | 12 | | the monthly annuity
of a person who first becomes a sheriff's | 13 | | law enforcement employee under this Article on or after January | 14 | | 1, 2011 shall be increased on the January 1 occurring either on | 15 | | or after the attainment of age 60 or the first anniversary of | 16 | | the annuity start date, whichever is later. Each annual | 17 | | increase shall be calculated at 3% or one-half the annual | 18 | | unadjusted percentage increase (but not less than zero) in the | 19 | | consumer price index-u for the 12 months ending with the | 20 | | September preceding each November 1, whichever is less, of the | 21 | | originally granted retirement annuity. If the annual | 22 | | unadjusted percentage change in the consumer price index-u for | 23 | | a 12-month period ending in September is zero or, when compared | 24 | | with the preceding period, decreases, then the annuity shall | 25 | | not be increased. | 26 | | (h) Notwithstanding any other provision of this Article, |
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| 1 | | for a person who first becomes a sheriff's law enforcement | 2 | | employee under this Article on or after January 1, 2011, the | 3 | | annuity to which the surviving spouse, children, or parents are | 4 | | entitled under this subsection (h) shall be in the amount of 66 | 5 | | 2/3% of the sheriff's law enforcement employee's earned annuity | 6 | | at the date of death. | 7 | | (i) Notwithstanding any other provision of this Article, | 8 | | the monthly annuity
of a survivor of a person who first becomes | 9 | | a sheriff's law enforcement employee under this Article on or | 10 | | after January 1, 2011 shall be increased on the January 1 after | 11 | | attainment of age 60 by the recipient of the survivor's annuity | 12 | | and
each January 1 thereafter by 3% or one-half the annual | 13 | | unadjusted percentage increase in the consumer price index-u | 14 | | for the
12 months ending with the September preceding each | 15 | | November 1, whichever is less, of the originally granted | 16 | | pension. If the annual unadjusted percentage change in
the | 17 | | consumer price index-u for a 12-month period ending in | 18 | | September is zero or, when compared with the preceding period, | 19 | | decreases, then the annuity shall not
be increased. | 20 | | (j) For the purposes of this Section, "consumer price | 21 | | index-u" means the index published by the Bureau of Labor | 22 | | Statistics of the United States Department of Labor that | 23 | | measures the average change in prices of goods and services | 24 | | purchased by all urban consumers, United States city average, | 25 | | all items, 1982-84 = 100. The new amount resulting from each | 26 | | annual adjustment shall be determined by the Public Pension |
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| 1 | | Division of the Department of Insurance and made available to | 2 | | the boards of the pension funds. | 3 | | (Source: P.A. 96-961, eff. 7-2-10; 96-1495, eff. 1-1-11; | 4 | | 97-272, eff. 8-8-11; 97-609, eff. 8-26-11.) | 5 | | (40 ILCS 5/7-145.1) | 6 | | Sec. 7-145.1. Alternative annuity for county officers. | 7 | | (a) The benefits provided in this Section and Section | 8 | | 7-145.2 are available
only if, prior to the effective date of | 9 | | this amendatory Act of the 97th General Assembly, the county | 10 | | board has filed with the Board of the Fund a resolution or
| 11 | | ordinance expressly consenting to the availability of these | 12 | | benefits for its
elected county officers. The county board's | 13 | | consent is irrevocable with
respect to persons participating in | 14 | | the program, but may be revoked at any time
with respect to | 15 | | persons who have not paid an additional optional contribution
| 16 | | under this Section before the date of revocation. | 17 | | An elected county officer may elect to establish | 18 | | alternative credits for
an alternative annuity by electing in | 19 | | writing before the effective date of this amendatory Act of the | 20 | | 97th General Assembly to make additional optional
| 21 | | contributions in accordance with this Section and procedures | 22 | | established
by the board. These alternative credits are | 23 | | available only for periods of
service as an elected county | 24 | | officer. The elected county officer may
discontinue making the | 25 | | additional optional contributions by notifying the
Fund in |
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| 1 | | writing in accordance with this Section and procedures | 2 | | established
by the board. | 3 | | Additional optional contributions for the alternative | 4 | | annuity shall
be as follows: | 5 | | (1) For service as an elected county officer after the | 6 | | option is
elected, an additional contribution of 3% of | 7 | | salary shall be contributed
to the Fund on the same basis | 8 | | and under the same conditions as contributions
required | 9 | | under Section 7-173. | 10 | | (2) For service as an elected county officer before the | 11 | | option is
elected, an additional contribution of 3% of the | 12 | | salary for the applicable
period of service, plus interest | 13 | | at the effective rate from the date of
service to the date | 14 | | of payment, plus any additional amount required by
the | 15 | | county board under paragraph (3). All payments for past | 16 | | service must
be paid in full before credit is given. | 17 | | Payment must be received by the Board while the member is | 18 | | an active participant, except that one payment will be | 19 | | permitted after termination of participation. | 20 | | (3) With respect to service as an elected county | 21 | | officer before the
option is elected, if payment is made | 22 | | after the county board has filed with
the Board of the Fund | 23 | | a resolution or ordinance requiring an additional
| 24 | | contribution under this paragraph, then the contribution | 25 | | required under
paragraph (2) shall include an amount to be | 26 | | determined by the Fund, equal
to the actuarial present |
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| 1 | | value of the additional employer cost that would
otherwise | 2 | | result from the alternative credits being established for | 3 | | that
service. A county board's resolution or ordinance | 4 | | requiring additional
contributions under this paragraph | 5 | | (3) is irrevocable. Payment must be received by the Board | 6 | | while the member is an active participant, except that one | 7 | | payment will be permitted after termination of | 8 | | participation. | 9 | | No additional optional contributions may be made for any | 10 | | period of service
for which credit has been previously | 11 | | forfeited by acceptance of a refund,
unless the refund is | 12 | | repaid in full with interest at the effective rate from
the | 13 | | date of refund to the date of repayment. | 14 | | (b) In lieu of the retirement annuity otherwise payable | 15 | | under this Article,
an elected county officer who (1) has | 16 | | elected to participate in the Fund and
make additional optional | 17 | | contributions in accordance with this Section, (2)
has held and | 18 | | made additional optional contributions with respect to the same
| 19 | | elected county office for at least 8 years, and (3) has | 20 | | attained
age 55 with at least 8 years of service credit (or has | 21 | | attained age 50 with at
least 20 years of service as a | 22 | | sheriff's law enforcement employee) may elect
to have his | 23 | | retirement annuity computed as follows: 3% of the participant's
| 24 | | salary for each of the first 8 years
of service credit, plus 4% | 25 | | of that salary for each of the next 4 years of
service credit, | 26 | | plus 5% of that salary for each year of service credit in
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| 1 | | excess of 12 years, subject to a maximum of 80% of that salary. | 2 | | This formula applies only to service in an elected county | 3 | | office that the
officer held for at least 8 years, and only to | 4 | | service for which additional
optional contributions have been | 5 | | paid under this Section. If an elected county
officer qualifies | 6 | | to have this formula applied to service in more than one
| 7 | | elected county office, the qualifying service shall be | 8 | | accumulated for purposes
of determining the applicable accrual | 9 | | percentages, but the salary used for each
office shall be the | 10 | | separate salary calculated for that office, as defined in
| 11 | | subsection (g). | 12 | | To the extent that the elected county officer has service | 13 | | credit that does
not qualify for this formula, his retirement | 14 | | annuity will first be determined
in accordance with this | 15 | | formula with respect to the service to which this
formula | 16 | | applies, and then in accordance with the remaining Sections of | 17 | | this
Article with respect to the service to which this formula | 18 | | does not apply. | 19 | | (c) In lieu of the disability benefits otherwise payable | 20 | | under this
Article, an elected county officer who (1) has
| 21 | | elected to participate in the Fund, and (2) has become
| 22 | | permanently disabled and as a consequence is unable to perform | 23 | | the duties
of his office, and (3) was making optional | 24 | | contributions in accordance with
this Section at the time the | 25 | | disability was incurred, may elect to receive
a disability | 26 | | annuity calculated in accordance with the formula in subsection
|
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| 1 | | (b). For the purposes of this subsection, an elected county | 2 | | officer shall be
considered permanently disabled only if: (i) | 3 | | disability occurs while in
service as an elected county officer | 4 | | and is of such a nature as to prevent him
from reasonably | 5 | | performing the duties of his office at the time; and (ii) the
| 6 | | board has received a written certification by at least 2 | 7 | | licensed physicians
appointed by it stating that the officer is | 8 | | disabled and that the disability
is likely to be permanent. | 9 | | (d) Refunds of additional optional contributions shall be | 10 | | made on the
same basis and under the same conditions as | 11 | | provided under Section 7-166,
7-167 and 7-168. Interest shall | 12 | | be credited at the effective rate on the
same basis and under | 13 | | the same conditions as for other contributions. | 14 | | If an elected county officer fails to hold that same | 15 | | elected county
office for at least 8 years, he or she shall be | 16 | | entitled after leaving office
to receive a refund of the | 17 | | additional optional contributions made with respect
to that | 18 | | office, plus interest at the effective rate. | 19 | | (e) The plan of optional alternative benefits and | 20 | | contributions shall be
available to persons who are elected | 21 | | county officers and active contributors
to the Fund on or after | 22 | | November 15, 1994 and elected to establish alternative credit | 23 | | before the effective date of this amendatory Act of the 97th | 24 | | General Assembly. A person who was an elected county
officer | 25 | | and an active contributor to the Fund on November 15, 1994 but | 26 | | is
no longer an active contributor may apply to make additional |
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| 1 | | optional
contributions under this Section at any time within 90 | 2 | | days after the
effective date of this amendatory Act of 1997; | 3 | | if the person is an annuitant,
the resulting increase in | 4 | | annuity shall begin to accrue on the first day of
the month | 5 | | following the month in which the required payment is received | 6 | | by the
Fund. | 7 | | (f) For the purposes of this Section and Section 7-145.2, | 8 | | the terms "elected
county officer" and "elected county office" | 9 | | include, but are not limited to:
(1) the county clerk, | 10 | | recorder, treasurer, coroner, assessor (if elected),
auditor, | 11 | | sheriff, and
State's Attorney; members of the county board; and | 12 | | the clerk of the circuit
court; and (2) a person who has been | 13 | | appointed to fill a vacancy in an
office that is normally | 14 | | filled by election on a countywide basis, for the
duration of | 15 | | his or her service in that office. The terms "elected county
| 16 | | officer" and "elected county office" do not include any officer | 17 | | or office of
a county that has not consented to the | 18 | | availability of benefits under this
Section and Section | 19 | | 7-145.2. | 20 | | (g) For the purposes of this Section and Section 7-145.2, | 21 | | the term
"salary" means the final rate of earnings for the | 22 | | elected county office held,
calculated in a manner consistent | 23 | | with Section 7-116, but for that office
only. If an elected | 24 | | county officer qualifies to have the formula in subsection
(b) | 25 | | applied to service in more than one elected county office, a | 26 | | separate
salary shall be calculated and applied with respect to |
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| 1 | | each such office. | 2 | | (h) The changes to this Section made by this amendatory Act | 3 | | of the 91st
General Assembly apply to persons who first make an | 4 | | additional optional
contribution under this Section on or after | 5 | | the effective date of this
amendatory Act. | 6 | | (i) Any elected county officer who was entitled to receive | 7 | | a stipend from the State on or after July 1, 2009 and on or | 8 | | before June 30, 2010 may establish earnings credit for the | 9 | | amount of stipend not received, if the elected county official | 10 | | applies in writing to the fund within 6 months after the | 11 | | effective date of this amendatory Act of the 96th General | 12 | | Assembly and pays to the fund an amount equal to (i) employee | 13 | | contributions on the amount of stipend not received, (ii) | 14 | | employer contributions determined by the Board equal to the | 15 | | employer's normal cost of the benefit on the amount of stipend | 16 | | not received, plus (iii) interest on items (i) and (ii) at the | 17 | | actuarially assumed rate. | 18 | | (Source: P.A. 96-961, eff. 7-2-10; 97-272, eff. 8-8-11; 97-609, | 19 | | eff. 8-26-11.) | 20 | | (40 ILCS 5/7-169) (from Ch. 108 1/2, par. 7-169)
| 21 | | Sec. 7-169. Separation benefits; repayments.
| 22 | | (a) If an employee who has
received a separation benefit | 23 | | subsequently becomes a participating employee,
and renders at | 24 | | least 2 years of contributing service from the date of such
| 25 | | re-entry, he may pay to the fund the amount of the separation |
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| 1 | | benefit, plus
interest at the effective rate for each year from | 2 | | the date of payment of the
separation benefit to the date of | 3 | | repayment. Upon payment his creditable
service shall be | 4 | | reinstated and the payment shall be credited to his account
as | 5 | | normal contributions. Application must be received by the Board | 6 | | while the employee is an active participant in the Fund or a | 7 | | reciprocal retirement system. Payment must be received while | 8 | | the member is an active participant, except that one payment | 9 | | will be permitted after termination of participation in the | 10 | | Fund or a reciprocal retirement system. | 11 | |
(b) Beginning July 1, 2004, the requirement of
returning | 12 | | to service for at least 2 years does not apply to persons who | 13 | | return
to service as a sheriff's law enforcement employee. This | 14 | | subsection applies only to persons in service on or after July | 15 | | 1, 2004. In the case of such a person who begins to receive a | 16 | | retirement annuity before the effective date of this amendatory | 17 | | Act of the 94th General Assembly, the annuity shall be | 18 | | recalculated prospectively to reflect any credits reinstated | 19 | | as a result of this subsection, with the resulting increase in | 20 | | annuity beginning to accrue on the first annuity payment date | 21 | | following the effective date of this amendatory Act, but not | 22 | | earlier than the date the repayment is received by the Fund.
| 23 | | (Source: P.A. 94-712, eff. 6-1-06 .)
| 24 | | (40 ILCS 5/14-123) (from Ch. 108 1/2, par. 14-123)
| 25 | | Sec. 14-123. Occupational disability benefits. A member |
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| 1 | | who becomes incapacitated to perform the duties of his position
| 2 | | as the proximate result of bodily injuries
sustained or a | 3 | | hazard undergone while in the performance and within the
scope | 4 | | of the member's duties, shall receive an occupational | 5 | | disability benefit;
provided:
| 6 | | (a) application is made within 12 months after the date | 7 | | that such disability
results in the loss of pay, or 12 | 8 | | months after the date that the Illinois Workers' | 9 | | Compensation
Commission rules on the application for an | 10 | | occupational
disability, or 12 months after the occurrence | 11 | | of disablement if an occupational
disease; and
| 12 | | (b) proper proof is received from one or more licensed | 13 | | healthcare practitioners physicians designated by
the | 14 | | Board certifying that the member is mentally or physically | 15 | | incapacitated ; and .
| 16 | | (c) the Board may waive the application deadline | 17 | | requirement as prescribed under item (a) of this Section | 18 | | and the benefit shall be payable retroactive to the date | 19 | | that the participant attained the eligibility criteria for | 20 | | the benefit provided by this Section. | 21 | | The benefit shall be 75% of the member's final average | 22 | | compensation at
date of disability and shall be payable until | 23 | | the first of the following
dates occurs:
| 24 | | (1) the date on which disability ceases;
| 25 | | (2) the date on which the member engages in gainful | 26 | | employment;
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| 1 | | (3) the end of the month in which the member attains | 2 | | age 65, in the case
of benefits commencing prior to | 3 | | attainment of age 60;
| 4 | | (4) the end of the month following the fifth | 5 | | anniversary of the effective
date of the benefit, or of the | 6 | | temporary disability benefit if one was
received, in the | 7 | | case of benefits commencing on or after attainment
of age | 8 | | 60; or
| 9 | | (5) the end of the month in which the death of the | 10 | | member
occurs.
| 11 | | At the end of the month in which the benefits cease as | 12 | | prescribed in paragraphs
(3) or (4) above, if the member is | 13 | | still disabled, he shall become entitled
to a retirement | 14 | | annuity and the minimum period of service prescribed for
the | 15 | | receipt of such annuity shall be waived.
| 16 | | In the event that a temporary disability benefit has been | 17 | | received, the
benefit paid under this Section shall be subject | 18 | | to adjustment by the Board
under Section 14-123.1.
| 19 | | The Board shall prescribe rules and regulations governing | 20 | | the filing of
claims for occupational disability benefits, and | 21 | | the investigation, control
and supervision of such claims.
| 22 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 23 | | (40 ILCS 5/14-123.1) (from Ch. 108 1/2, par. 14-123.1)
| 24 | | Sec. 14-123.1. Temporary disability benefit.
| 25 | | (a) A member who has at least 18 months of creditable |
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| 1 | | service and who
becomes physically or mentally incapacitated to | 2 | | perform the duties of his
position shall receive a temporary | 3 | | disability benefit, provided that:
| 4 | | (1) the agency responsible for determining the | 5 | | liability of the State
(i) has formally denied all | 6 | | employer-paid temporary total disability
benefits under | 7 | | the Workers' Compensation Act or the Workers' Occupational
| 8 | | Diseases Act and an appeal of that denial is pending before | 9 | | the Illinois Workers' Compensation
Commission, or (ii) has | 10 | | granted and then terminated for any
reason an employer-paid | 11 | | temporary total disability benefit and the member has
filed | 12 | | a petition for a emergency hearing under Section 19(b) or | 13 | | Section 19(b-1) of the Workers'
Compensation Act or Section | 14 | | 19(b) or Section 19(b-1) of the Workers' Occupational | 15 | | Diseases
Act; and
| 16 | | (2) application is made not later than (i) 12 months | 17 | | after the date
that the disability results in loss of pay, | 18 | | (ii) 12
months after the date the agency responsible for | 19 | | determining the liability of
the State under the Workers' | 20 | | Compensation Act or Workers' Occupational Diseases
Act has | 21 | | formally denied or terminated the employer-paid temporary | 22 | | total
disability benefit, or (iii) in the case of | 23 | | termination of an employer-paid
temporary total disability | 24 | | benefit, 12 months after the effective date of this
| 25 | | amendatory Act of 1995, whichever occurs last; and
| 26 | | (3) proper proof is received from one or more licensed |
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| 1 | | healthcare practitioners physicians designated by
the | 2 | | Board certifying that the member is mentally or physically | 3 | | incapacitated ; and .
| 4 | | (4) the Board may waive the application deadline | 5 | | requirement as prescribed under item (2) of this subsection | 6 | | and the benefit shall be payable retroactive to the date | 7 | | that the participant attained the eligibility criteria for | 8 | | the benefit provided by this Section. | 9 | | (b) In the case of a denial of benefits,
the temporary | 10 | | disability benefit shall begin to accrue on the 31st
day of | 11 | | absence from work on account of disability, but the benefit | 12 | | shall
not become actually payable to the member until the | 13 | | expiration of 31
days from the day upon which the member last | 14 | | received or had a
right to receive any compensation.
| 15 | | In the case of termination of an employer-paid temporary | 16 | | total disability
benefit, the temporary disability benefit | 17 | | under this Section shall be
calculated from the day following | 18 | | the date of termination of the employer-paid
benefit or the | 19 | | 31st day of absence from work on account of disability,
| 20 | | whichever is later, but shall not become payable to the member | 21 | | until (i) the
member's right to an employer-paid temporary | 22 | | total disability benefit is denied
as a result of the emergency | 23 | | hearing held under Section 19(b) or Section 19(b-1) of the | 24 | | Workers'
Compensation Act or Section 19(b) or Section 19(b-1) | 25 | | of the Workers' Occupational Diseases Act
or (ii) the | 26 | | expiration of 150 days from the date of termination of the
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| 1 | | employer-paid benefit, whichever occurs first. If a terminated | 2 | | employer-paid
temporary total disability benefit is resumed or | 3 | | replaced with another
employer-paid disability benefit and the | 4 | | resumed or replacement benefit is
later terminated and the | 5 | | member again files a petition for a emergency hearing
under | 6 | | Section 19(b) or Section 19(b-1) of the Workers' Compensation | 7 | | Act or Section 19(b) or Section 19(b-1) of
the Workers' | 8 | | Occupational Diseases Act, the member may again become eligible | 9 | | to
receive a temporary disability benefit under this Section. | 10 | | The waiting period
before the temporary disability benefit | 11 | | under this Section becomes payable
applies each time that the | 12 | | benefit is reinstated.
| 13 | | The benefit shall continue to accrue until the first of the | 14 | | following events
occurs:
| 15 | | (1) the disability ceases;
| 16 | | (2) the member engages in gainful employment;
| 17 | | (3) the end of the month in which the member attains | 18 | | age 65, in the case
of benefits commencing prior to | 19 | | attainment of age 60;
| 20 | | (4) the end of the month following the fifth | 21 | | anniversary of the
effective date of the benefit in the | 22 | | case of benefits commencing on or
after attainment of age | 23 | | 60;
| 24 | | (5) the end of the month in which the death of the | 25 | | member occurs;
| 26 | | (6) the end of the month in which the aggregate period |
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| 1 | | for which
temporary disability payments have been made | 2 | | becomes equal to 1/2 of the
member's total period of | 3 | | creditable service, not including the time for
which he has | 4 | | received a temporary disability benefit or nonoccupational
| 5 | | disability benefit; for purposes of this item (6) only, in | 6 | | the case of a
member to whom Section 14-108.2a or 14-108.2b | 7 | | applies and who, at the
time disability commences, is | 8 | | performing services for the Illinois Department
of Public | 9 | | Health or the Department of State Police relating to the | 10 | | transferred
functions referred to in that Section and has | 11 | | less than 10 years of creditable
service under this | 12 | | Article, the member's "total period of creditable service"
| 13 | | shall be augmented by an amount equal to (i) one half of | 14 | | the member's period of
creditable service in the Fund | 15 | | established under Article 8 (excluding any
creditable | 16 | | service over 20 years), minus (ii) the amount of the | 17 | | member's
creditable service under this Article;
| 18 | | (7) a payment is made on the member's claim pursuant to | 19 | | a
determination made by the agency responsible for | 20 | | determining the liability of
the State under the Workers' | 21 | | Compensation Act or the Workers' Occupational
Diseases | 22 | | Act;
| 23 | | (8) a final determination is made on the member's claim | 24 | | by the
Illinois Workers' Compensation
Commission.
| 25 | | (c) The temporary disability benefit shall be 50% of the | 26 | | member's final
average compensation at the date of disability.
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| 1 | | If a covered employee is eligible under the Social Security | 2 | | Act for a
disability benefit before attaining the Social | 3 | | Security full retirement age 65 , or a retirement benefit on or
| 4 | | after attaining the Social Security full retirement age 65 , | 5 | | then the amount of the member's temporary
disability benefit | 6 | | shall be reduced by the amount of primary benefit the
member is | 7 | | eligible to receive under the Social Security Act, whether or | 8 | | not
such eligibility came about as the result of service as a | 9 | | covered employee
under this Article. The Board may make such | 10 | | reduction pending a
determination of eligibility if it appears | 11 | | that the employee may be so
eligible, and shall make an | 12 | | appropriate adjustment if necessary after such
determination | 13 | | has been made. The amount of temporary disability benefit
| 14 | | payable under this Article shall not be reduced by reason of | 15 | | any increase
in benefits payable under the Social Security Act | 16 | | which occurs after the
reduction required by this paragraph has | 17 | | been applied. For purposes of this subsection, "Social Security | 18 | | full retirement age" is the age at which an individual is | 19 | | eligible to receive full Social Security retirement benefits.
| 20 | | (d) The temporary disability benefit provided under this | 21 | | Section is
intended as a temporary payment of occupational or | 22 | | nonoccupational
disability benefit, whichever is appropriate, | 23 | | in cases in which the
occupational or nonoccupational character | 24 | | of the disability has not been
finally determined.
| 25 | | When an employer-paid disability benefit is paid or | 26 | | resumed, the Board
shall calculate the benefit that is payable |
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| 1 | | under Section 14-123 and shall
deduct from the benefit payable | 2 | | under Section 14-123 the amounts already paid
under this | 3 | | Section; those amounts shall then be treated as if they had | 4 | | been
paid under Section 14-123.
| 5 | | When a final determination of the character of the
| 6 | | disability has been made by the Illinois Workers' Compensation | 7 | | Commission, or by
settlement between the parties to the | 8 | | disputed claim, the Board shall
calculate the benefit that is | 9 | | payable under Section 14-123 or 14-124,
whichever is | 10 | | applicable, and shall deduct from such benefit the amounts
| 11 | | already paid under this Section; such amounts shall then be | 12 | | treated as if
they had been paid under such Section 14-123 or | 13 | | 14-124.
| 14 | | (e) Any excess benefits paid under this Section shall be | 15 | | subject to recovery
by the System from benefits payable under | 16 | | the Workers' Compensation Act or the
Workers' Occupational | 17 | | Diseases Act or from third parties as provided in Section
| 18 | | 14-129, or from any other benefits payable either to the member | 19 | | or on his
behalf under this Article. A member who accepts | 20 | | benefits under this Section
acknowledges and authorizes these | 21 | | recovery rights of the System.
| 22 | | (f) Service credits under the State Universities | 23 | | Retirement System and
the Teachers' Retirement System of the | 24 | | State of Illinois shall be
considered for the purposes of | 25 | | determining temporary disability benefit
eligibility under | 26 | | this Section, and for determining the total period of
time for |
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| 1 | | which such benefits are payable.
| 2 | | (g) The Board shall prescribe rules and regulations | 3 | | governing the filing
of claims for temporary disability | 4 | | benefits, and the investigation, control
and supervision of | 5 | | such claims.
| 6 | | (h) References in this Section to employer-paid benefits | 7 | | include benefits
paid for by the State, either directly or | 8 | | through a program of insurance or
self-insurance, whether paid | 9 | | through the member's own department or through
some other | 10 | | department or entity; but the term does not include benefits | 11 | | paid by
the System under this Article.
| 12 | | (Source: P.A. 93-721, eff. 1-1-05.)
| 13 | | (40 ILCS 5/14-124) (from Ch. 108 1/2, par. 14-124)
| 14 | | Sec. 14-124. Nonoccupational disability benefit. A member | 15 | | with at least
1 1/2 years of creditable service may be granted | 16 | | a nonoccupational disability
benefit, if:
| 17 | | (1) application for the benefit is made to the system | 18 | | by the member
in writing after the commencement of | 19 | | disability;
| 20 | | (2) the member is found upon medical examination to be | 21 | | mentally or
physically incapacitated to perform the duties | 22 | | of the member's position;
| 23 | | (3) the disability resulted from a cause other than an | 24 | | injury or
illness sustained in connection with the member's | 25 | | performance of duty as
a State employee;
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| 1 | | (4) the member has been granted a leave of absence for | 2 | | disability at
the time of commencement of disability. | 3 | | Renewal of a disability leave
of absence shall not be | 4 | | required for the continued payment of
benefits; and
| 5 | | (5) the member has used all accumulated sick leave | 6 | | available at the
beginning of the leave of absence for | 7 | | disability.
| 8 | | The benefit shall begin to accrue on the latest of : (i) the | 9 | | 31st
day of absence from work on account of
disability | 10 | | (including any periods of such absence for which sick pay was
| 11 | | received); (ii) the day following the day on which the member | 12 | | last receives
or has a right to receive any compensation as an | 13 | | employee,
including any sick pay; or (iii) if application by | 14 | | the
member is delayed more than 90 days after the member's name | 15 | | is removed
from the payroll, the benefit shall be payable | 16 | | retroactive to the date that a participant attained the | 17 | | eligibility criteria as provided by this Section the date | 18 | | application is
received by the system . The benefit shall | 19 | | continue to accrue until the
first of the following to occur:
| 20 | | (a) the date on which disability ceases;
| 21 | | (b) the end of the month in
which the member attains | 22 | | age 65 in the case of benefits commencing prior
to | 23 | | attainment of age 60;
| 24 | | (c) the end of the month following the fifth | 25 | | anniversary of the effective
date of the benefit, or of the | 26 | | temporary disability benefit if one was
received, in the |
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| 1 | | case of benefits commencing on or after attainment
of age | 2 | | 60;
| 3 | | (d) the end of the month in which the aggregate period | 4 | | for which
non-occupational disability and temporary | 5 | | disability benefit payments have been
made becomes equal to | 6 | | 1/2 of the member's total period of creditable service,
not | 7 | | including the time during which he has received a temporary | 8 | | disability
benefit or nonoccupational disability benefit; | 9 | | for purposes of this item (d)
only, in the case of a member | 10 | | to whom Section 14-108.2a or 14-108.2b
applies and who, at | 11 | | the time disability commences, is performing services for
| 12 | | the Illinois Department of Public Health or the Department | 13 | | of State Police
relating to the transferred functions | 14 | | referred to in that Section and has less
than 10 years of | 15 | | creditable service under this Article, the member's "total
| 16 | | period of creditable service" shall be augmented by an | 17 | | amount equal to (i) one
half of the member's period of | 18 | | creditable service in the Fund established under
Article 8 | 19 | | (excluding any creditable service over 20 years), minus | 20 | | (ii) the
amount of the member's creditable service under | 21 | | this Article;
| 22 | | (e) the date on which the member engages in gainful | 23 | | employment;
| 24 | | (f) the end of the month in which the death of the | 25 | | member occurs.
| 26 | | If disability has ceased and the member again becomes |
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| 1 | | disabled within
60 days from date of resumption of State | 2 | | employment, and if the
disability is due to the same cause for | 3 | | which he received
nonoccupational disability benefit | 4 | | immediately preceding such reentry
into service, the 30 days | 5 | | waiting period prescribed for the receipt of
benefits is waived | 6 | | as to such new period of disability.
| 7 | | A member shall be considered disabled only when the board | 8 | | has
received:
| 9 | | (a) a written certificate by one or more licensed | 10 | | healthcare practitioners and practicing
physicians | 11 | | designated by the board, certifying that the member is
| 12 | | disabled and unable properly to perform the duties of his | 13 | | position at
the time of disability; and
| 14 | | (b) the employee certifies that he is not and has not | 15 | | been engaged
in gainful employment.
| 16 | | The board shall prescribe rules and regulations governing | 17 | | the filing
of claims for nonoccupational disability benefits, | 18 | | and the
investigation, control and supervision of such claims.
| 19 | | Service credits under the State Universities Retirement | 20 | | System and
the Teachers' Retirement System of the State of | 21 | | Illinois shall be
considered for the purposes of | 22 | | nonoccupational disability benefit
eligibility under this | 23 | | Article and for the total period of time for
which such | 24 | | benefits are payable.
| 25 | | (Source: P.A. 88-535; 89-246, eff. 8-4-95.)
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| 1 | | (40 ILCS 5/14-125) (from Ch. 108 1/2, par. 14-125)
| 2 | | Sec. 14-125. Nonoccupational disability benefit - Amount | 3 | | of. The
nonoccupational disability benefit shall be 50% of the | 4 | | member's final
average compensation at the time disability | 5 | | occurred. In the case of a
member whose benefit was resumed due | 6 | | to the same disability, the amount of
the benefit shall be the | 7 | | same
as that last paid before resumption of State employment. | 8 | | In the event
that a temporary disability benefit has been | 9 | | received, the nonoccupational
disability benefit shall be | 10 | | subject to adjustment by the Board under Section 14-123.1.
| 11 | | If a covered employee is eligible for a disability benefit | 12 | | before attaining the Social Security full retirement
age 65 or | 13 | | a retirement benefit on or after attaining the Social Security | 14 | | full retirement age 65 under the
Federal Social Security Act, | 15 | | the amount of the member's nonoccupational disability
benefit | 16 | | shall be reduced by the amount of primary benefit the member | 17 | | would
be eligible to receive
under such Act, whether or not | 18 | | entitlement thereto came
about as the result of service as a | 19 | | covered employee under this Article.
The Board may make such | 20 | | reduction if it appears that the employee may be
so eligible | 21 | | pending determination of eligibility and make an appropriate
| 22 | | adjustment if necessary after such determination. The amount of | 23 | | any
nonoccupational
disability benefit payable under
this | 24 | | Article shall not be reduced by reason of any increase under | 25 | | the
Federal Social Security Act which occurs after the offset | 26 | | required by this
Section is first applied to that benefit.
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| 1 | | For purposes of this Section, "Social Security full | 2 | | retirement age" is the age at which an individual is eligible | 3 | | to receive full Social Security retirement benefits. | 4 | | (Source: P.A. 84-1028.)
| 5 | | (40 ILCS 5/14-127) (from Ch. 108 1/2, par. 14-127)
| 6 | | Sec. 14-127. Credit during disability. During
any period of | 7 | | disability for which
nonoccupational, occupational or | 8 | | temporary disability benefits are
paid, there shall be credited | 9 | | to the account of the disabled member amounts
representing the | 10 | | contributions the member would have made had he or she remained | 11 | | in active
employment in the same position and at the rate of | 12 | | compensation in effect
at the time disability occurred. Service | 13 | | credit shall also be granted
him during any such
periods of | 14 | | disability for all purposes of this Article except for
| 15 | | measuring the duration of nonoccupational and temporary | 16 | | disability
benefits. The resolution of a temporary disability
| 17 | | benefit into an occupational or nonoccupational disability | 18 | | benefit shall
not entitle the disabled member to receive | 19 | | duplicate contribution and
service credit under this Section | 20 | | for the period during which the temporary
disability benefit | 21 | | was paid.
| 22 | | (Source: P.A. 84-1028.)
| 23 | | (40 ILCS 5/15-158.2)
| 24 | | Sec. 15-158.2. Self-managed plan.
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| 1 | | (a) Purpose. The General Assembly finds that it is | 2 | | important for colleges
and universities to be able to attract | 3 | | and retain the most qualified employees
and that in order to | 4 | | attract and retain these employees, colleges and
universities | 5 | | should have the flexibility to provide a defined contribution
| 6 | | plan as an alternative for eligible employees who elect not to | 7 | | participate
in a defined benefit retirement program provided | 8 | | under this Article.
Accordingly, the State Universities | 9 | | Retirement System is hereby authorized to
establish and | 10 | | administer a self-managed plan, which shall offer | 11 | | participating
employees the opportunity to accumulate assets | 12 | | for retirement through a
combination of employee and employer | 13 | | contributions that may be invested in
mutual funds, collective | 14 | | investment funds, or other investment products and
used to | 15 | | purchase annuity contracts, either fixed or variable or a | 16 | | combination
thereof. The plan must be qualified under the | 17 | | Internal Revenue Code of 1986.
| 18 | | (b) Adoption by employers. Each employer subject to this | 19 | | Article may
elect to adopt the self-managed plan established | 20 | | under this Section; this
election is irrevocable. An employer's | 21 | | election to adopt the self-managed
plan makes available to the | 22 | | eligible employees of that employer the elections
described in | 23 | | Section 15-134.5.
| 24 | | The State Universities Retirement System shall be the plan | 25 | | sponsor for the
self-managed plan and shall prepare a plan | 26 | | document and prescribe such rules
and procedures as are |
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| 1 | | considered necessary or desirable for the administration
of the | 2 | | self-managed plan. Consistent with its fiduciary duty to the
| 3 | | participants and beneficiaries of the self-managed plan, the | 4 | | Board of Trustees
of the System may delegate aspects of plan | 5 | | administration as it sees fit to
companies authorized to do | 6 | | business in this State, to the employers, or to a
combination | 7 | | of both.
| 8 | | (c) Selection of service providers and funding vehicles. | 9 | | The System, in
consultation with the employers, shall solicit | 10 | | proposals to provide
administrative services and funding | 11 | | vehicles for the self-managed plan from
insurance and annuity | 12 | | companies and mutual fund companies, banks, trust
companies, or | 13 | | other financial institutions authorized to do business in this
| 14 | | State. In reviewing the proposals received and approving and | 15 | | contracting with
no fewer than 2 and no more than 7 companies, | 16 | | the Board of Trustees of the System shall
consider, among other | 17 | | things, the following criteria:
| 18 | | (1) the nature and extent of the benefits that would be | 19 | | provided
to the participants;
| 20 | | (2) the reasonableness of the benefits in relation to | 21 | | the premium
charged;
| 22 | | (3) the suitability of the benefits to the needs and
| 23 | | interests of the participating employees and the employer;
| 24 | | (4) the ability of the company to provide benefits | 25 | | under the contract and
the financial stability of the | 26 | | company; and
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| 1 | | (5) the efficacy of the contract in the recruitment and | 2 | | retention of
employees.
| 3 | | The System, in consultation with the employers, shall | 4 | | periodically review
each approved company. A company may | 5 | | continue to provide administrative
services and funding | 6 | | vehicles for the self-managed plan only so long as
it continues | 7 | | to be an approved company under contract with the Board.
| 8 | | (d) Employee Direction. Employees who are participating in | 9 | | the program
must be allowed to direct the transfer of their | 10 | | account balances among the
various investment options offered, | 11 | | subject to applicable contractual
provisions.
The participant | 12 | | shall not be deemed a fiduciary by reason of providing such
| 13 | | investment direction. A person who is a fiduciary shall not be | 14 | | liable for any
loss resulting from such investment direction | 15 | | and shall not be deemed to have
breached any fiduciary duty by | 16 | | acting in accordance with that direction. The System shall | 17 | | provide advance notice to the participant of the participant's | 18 | | obligation to direct the investment of employee and employer | 19 | | contributions into one or more investment funds selected by the | 20 | | System at the time he or she makes his or her initial | 21 | | retirement plan selection. If a participant fails to direct the | 22 | | investment of employee and employer contributions into the | 23 | | various investment options offered to the participant when | 24 | | making his or her initial retirement election choice, that | 25 | | failure shall require the System to invest the employee and | 26 | | employer contributions in a default investment fund on behalf |
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| 1 | | of the participant, and the investment shall be deemed to have | 2 | | been made at the participant's investment direction. The | 3 | | participant has the right to transfer account balances out of | 4 | | the default investment fund during time periods designated by | 5 | | the System.
Neither the System nor the employer guarantees any | 6 | | of the investments in the
employee's account balances.
| 7 | | (e) Participation. An employee eligible to participate in | 8 | | the
self-managed plan must make a written election in | 9 | | accordance with the
provisions of Section 15-134.5 and the | 10 | | procedures established by the System.
Participation in the | 11 | | self-managed plan by an electing employee shall begin
on the | 12 | | first day of the first pay period following the later of the | 13 | | date the
employee's election is filed with the System or the | 14 | | effective date as of
which the employee's employer begins to | 15 | | offer participation in the self-managed
plan. Employers may not | 16 | | make the self-managed plan available earlier than
January 1, | 17 | | 1998. An employee's participation in any other retirement | 18 | | program
administered by the System under this Article shall | 19 | | terminate on the date that
participation in the self-managed | 20 | | plan begins.
| 21 | | An employee who has elected to participate in the | 22 | | self-managed plan under
this Section must continue | 23 | | participation while employed in an eligible
position, and may | 24 | | not participate in any other retirement program administered
by | 25 | | the System under this Article while employed by that employer | 26 | | or any other
employer that has adopted the self-managed plan, |
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| 1 | | unless the self-managed plan
is terminated in accordance with | 2 | | subsection (i).
| 3 | | Notwithstanding any other provision of this Article, a Tier | 4 | | 2 member shall have the option to enroll in the self-managed | 5 | | plan. | 6 | | Participation in the self-managed plan under this Section | 7 | | shall constitute
membership in the State Universities | 8 | | Retirement System.
| 9 | | A participant under this Section shall be entitled to the | 10 | | benefits of
Article 20 of this Code.
| 11 | | (f) Establishment of Initial Account Balance. If at the | 12 | | time an employee
elects to participate in the self-managed plan | 13 | | he or she has rights and credits
in the System due to previous | 14 | | participation in the traditional benefit package,
the System | 15 | | shall establish for the employee an opening account balance in | 16 | | the
self-managed plan, equal to the amount of contribution | 17 | | refund that the employee
would be eligible to receive under | 18 | | Section 15-154 if the employee terminated
employment on that | 19 | | date and elected a refund of contributions, except that this
| 20 | | hypothetical refund shall include interest at the effective | 21 | | rate for the
respective years. The System shall transfer assets | 22 | | from the defined benefit
retirement program to the self-managed | 23 | | plan, as a tax free transfer in
accordance with Internal | 24 | | Revenue Service guidelines, for purposes of funding
the | 25 | | employee's opening account balance.
| 26 | | (g) No Duplication of Service Credit. Notwithstanding any |
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| 1 | | other provision
of this Article, an employee may not purchase | 2 | | or receive service or service
credit applicable to any other | 3 | | retirement program administered by the System
under this | 4 | | Article for any period during which the employee was a | 5 | | participant
in the self-managed plan established under this | 6 | | Section.
| 7 | | (h) Contributions. The self-managed plan shall be funded by | 8 | | contributions
from employees participating in the self-managed | 9 | | plan and employer
contributions as provided in this Section.
| 10 | | The contribution rate for employees participating in the | 11 | | self-managed plan
under this Section shall be equal to the | 12 | | employee contribution rate for other
participants in the | 13 | | System, as provided in Section 15-157. This required
| 14 | | contribution shall be made as an "employer pick-up" under | 15 | | Section 414(h) of the
Internal Revenue Code of 1986 or any | 16 | | successor Section thereof. Any employee
participating in the | 17 | | System's traditional benefit package prior to his or her
| 18 | | election to participate in the self-managed plan shall continue | 19 | | to have the
employer pick up the contributions required under | 20 | | Section 15-157. However, the
amounts picked up after the | 21 | | election of the self-managed plan shall be remitted
to and | 22 | | treated as assets of the self-managed plan. In no event shall | 23 | | an
employee have an option of receiving these amounts in cash. | 24 | | Employees may make
additional contributions to the
| 25 | | self-managed plan in accordance with procedures prescribed by | 26 | | the System, to
the extent permitted under rules prescribed by |
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| 1 | | the System.
| 2 | | The program shall provide for employer contributions to be | 3 | | credited to each
self-managed plan participant at a rate of | 4 | | 7.6%
of the participating employee's salary, less the amount | 5 | | used by
the System to provide disability benefits for the | 6 | | employee.
The amounts so credited
shall be paid into the | 7 | | participant's self-managed plan accounts in a manner
to be | 8 | | prescribed by the System.
| 9 | | An amount of employer contribution, not exceeding 1% of the | 10 | | participating
employee's salary, shall be used for the purpose | 11 | | of providing the disability
benefits of the System to the | 12 | | employee. Prior to the beginning of each plan
year under the | 13 | | self-managed plan, the Board of Trustees shall determine, as a
| 14 | | percentage of salary, the amount of employer contributions to | 15 | | be allocated
during that plan year for providing disability | 16 | | benefits for employees in the
self-managed plan.
| 17 | | The State of Illinois shall make contributions by | 18 | | appropriations to the
System of the employer contributions | 19 | | required for employees who participate in
the self-managed plan | 20 | | under this Section.
The amount required shall
be certified by | 21 | | the Board of Trustees of the System and paid by the State in
| 22 | | accordance with Section 15-165. The System shall not be | 23 | | obligated to remit the
required employer contributions to any | 24 | | of the insurance and annuity
companies, mutual fund
companies, | 25 | | banks, trust companies, financial institutions, or other | 26 | | sponsors
of any of the funding vehicles offered under the |
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| 1 | | self-managed plan
until it has received the required employer | 2 | | contributions from the State. In
the event of a deficiency in | 3 | | the amount of State contributions, the System
shall implement | 4 | | those procedures described in subsection (c) of Section 15-165
| 5 | | to obtain the required funding from the General Revenue
Fund.
| 6 | | (i) Termination. The self-managed plan authorized under | 7 | | this
Section may be terminated by the System, subject to the | 8 | | terms
of any relevant
contracts, and the System shall have no | 9 | | obligation to
reestablish the self-managed plan under this | 10 | | Section. This Section does not
create a right
to continued | 11 | | participation in any self-managed plan set up by the System | 12 | | under
this Section. If the self-managed plan is terminated,
the | 13 | | participants shall have the right to participate in one of the | 14 | | other
retirement programs offered by the System and receive | 15 | | service credit in such
other retirement program for any years | 16 | | of employment following the termination.
| 17 | | (j) Vesting; Withdrawal; Return to Service. A participant | 18 | | in the
self-managed plan becomes vested in the employer | 19 | | contributions credited to his
or her accounts in the | 20 | | self-managed plan on the earliest to occur of the
following: | 21 | | (1) completion of 5 years of service with an employer described | 22 | | in
Section 15-106; (2) the death of the participating employee | 23 | | while employed by
an employer described in Section 15-106, if | 24 | | the participant has completed at
least 1 1/2 years of service; | 25 | | or (3) the participant's election to retire and
apply the | 26 | | reciprocal provisions of Article 20 of this Code.
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| 1 | | A participant in the self-managed plan who receives a | 2 | | distribution of his or
her vested amounts from the self-managed | 3 | | plan
while not yet eligible for retirement under this Article
| 4 | | (and Article 20, if applicable) shall forfeit all service | 5 | | credit
and accrued rights in the System; if subsequently | 6 | | re-employed, the participant
shall be considered a new
| 7 | | employee. If a former participant again becomes a participating | 8 | | employee (or
becomes employed by a participating system under | 9 | | Article 20 of this Code) and
continues as such for at least 2 | 10 | | years, all such rights, service credits, and
previous status as | 11 | | a participant shall be restored upon repayment of the amount
of | 12 | | the distribution, without interest.
| 13 | | (k) Benefit amounts. If an employee who is vested in | 14 | | employer
contributions terminates employment, the employee | 15 | | shall be entitled to a
benefit which is based on the
account | 16 | | values attributable to both employer and
employee | 17 | | contributions and any
investment return thereon.
| 18 | | If an employee who is not vested in employer contributions | 19 | | terminates
employment, the employee shall be entitled to a | 20 | | benefit based solely on the
account values attributable to the | 21 | | employee's contributions and any investment
return thereon, | 22 | | and the employer contributions and any investment return
| 23 | | thereon shall be forfeited. Any employer contributions which | 24 | | are forfeited
shall be held in escrow by the
company investing | 25 | | those contributions and shall be used as directed by the
System | 26 | | for future allocations of employer contributions or for the |
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| 1 | | restoration
of amounts previously forfeited by former | 2 | | participants who again become
participating employees.
| 3 | | (Source: P.A. 98-92, eff. 7-16-13.)
| 4 | | (40 ILCS 5/18-125) (from Ch. 108 1/2, par. 18-125)
| 5 | | Sec. 18-125. Retirement annuity amount.
| 6 | | (a) The annual retirement annuity for a participant who | 7 | | terminated
service as a judge prior to July 1, 1971 shall be | 8 | | based on the law in
effect at the time of termination of | 9 | | service.
| 10 | | (b) Except as provided in subsection (b-5), effective July | 11 | | 1, 1971, the retirement annuity for any participant
in service | 12 | | on or after such date shall be 3 1/2% of final average salary,
| 13 | | as defined in this Section, for each of the first 10 years of | 14 | | service, and
5% of such final average salary for each year of | 15 | | service on excess of 10.
| 16 | | For purposes of this Section, final average salary for a | 17 | | participant who first serves as a judge before August 10, 2009 | 18 | | (the effective date of Public Act 96-207) shall be:
| 19 | | (1) the average salary for the last 4 years of credited | 20 | | service as a
judge for a participant who terminates service | 21 | | before July 1, 1975.
| 22 | | (2) for a participant who terminates service after June | 23 | | 30, 1975
and before July 1, 1982, the salary on the last | 24 | | day of employment as a judge.
| 25 | | (3) for any participant who terminates service after |
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| 1 | | June 30, 1982 and
before January 1, 1990, the average | 2 | | salary for the final year of service as
a judge.
| 3 | | (4) for a participant who terminates service on or | 4 | | after January 1,
1990 but before the effective date of this | 5 | | amendatory Act of 1995, the
salary on the last day of | 6 | | employment as a judge.
| 7 | | (5) for a participant who terminates service on or | 8 | | after the effective
date of this amendatory Act of 1995, | 9 | | the salary on the last day of employment
as a judge, or the | 10 | | highest salary received by the participant for employment | 11 | | as
a judge in a position held by the participant for at | 12 | | least 4 consecutive years,
whichever is greater.
| 13 | | However, in the case of a participant who elects to | 14 | | discontinue contributions
as provided in subdivision (a)(2) of | 15 | | Section 18-133, the time of such
election shall be considered | 16 | | the last day of employment in the determination
of final | 17 | | average salary under this subsection.
| 18 | | For a participant who first serves as a judge on or after | 19 | | August 10, 2009 (the effective date of Public Act 96-207) and | 20 | | before January 1, 2011 (the effective date of Public Act | 21 | | 96-889), final average salary shall be the average monthly | 22 | | salary obtained by dividing the total salary of the participant | 23 | | during the period of: (1) the 48 consecutive months of service | 24 | | within the last 120 months of service in which the total | 25 | | compensation was the highest, or (2) the total period of | 26 | | service, if less than 48 months, by the number of months of |
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| 1 | | service in that period. | 2 | | The maximum retirement annuity for any participant shall be | 3 | | 85% of final
average salary.
| 4 | | (b-5) Notwithstanding any other provision of this Article, | 5 | | for a participant who first serves as a judge on or after | 6 | | January 1, 2011 (the effective date of Public Act 96-889), the | 7 | | annual
retirement annuity is 3% of the
participant's final | 8 | | average salary for each year of service. The maximum retirement
| 9 | | annuity payable shall be 60% of the participant's final average | 10 | | salary. | 11 | | For a participant who first serves as a judge on or after | 12 | | January 1, 2011 (the effective date of Public Act 96-889), | 13 | | final average salary shall be the average monthly salary | 14 | | obtained by dividing the total salary of the judge during the | 15 | | 96 consecutive months of service within the last 120 months of | 16 | | service in which the total salary was the highest by the number | 17 | | of months of service in that period; however, beginning January | 18 | | 1, 2011, the annual salary for all purposes under this Article | 19 | | may not exceed $106,800, except that that amount shall annually | 20 | | thereafter be increased by the lesser of (i) 3% of that amount, | 21 | | including all previous adjustments, or (ii) the annual | 22 | | unadjusted percentage increase (but not less than zero) in the | 23 | | consumer price index-u
for the 12 months ending with the | 24 | | September preceding each November 1. "Consumer price index-u" | 25 | | means
the index published by the Bureau of Labor Statistics of | 26 | | the United States
Department of Labor that measures the average |
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| 1 | | change in prices of goods and
services purchased by all urban | 2 | | consumers, United States city average, all
items, 1982-84 = | 3 | | 100. The new amount resulting from each annual adjustment
shall | 4 | | be determined by the Public Pension Division of the Department | 5 | | of Insurance and made available to the Board by November 1st of | 6 | | each year. | 7 | | (c) The retirement annuity for a participant who retires | 8 | | prior to age 60
with less than 28 years of service in the | 9 | | System shall be reduced 1/2 of 1%
for each month that the | 10 | | participant's age is under 60 years at the time the
annuity | 11 | | commences. However, for a participant who retires on or after | 12 | | the
effective date of this amendatory Act of the 91st General | 13 | | Assembly, the
percentage reduction in retirement annuity | 14 | | imposed under this subsection shall
be reduced by 5/12 of 1% | 15 | | for every month of service in this System in excess of
20 | 16 | | years, and therefore a participant with at least 26 years of | 17 | | service in this
System may retire at age 55 without any | 18 | | reduction in annuity.
| 19 | | The reduction in retirement annuity imposed by this | 20 | | subsection shall not
apply in the case of retirement on account | 21 | | of disability.
| 22 | | (d) Notwithstanding any other provision of this Article, | 23 | | for a participant who first serves as a judge on or after | 24 | | January 1, 2011 (the effective date of Public Act 96-889) and | 25 | | who is retiring after attaining age 62, the retirement annuity | 26 | | shall be reduced by 1/2
of 1% for each month that the |
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| 1 | | participant's age is under age 67 at the time the annuity | 2 | | commences. | 3 | | (Source: P.A. 96-207, eff. 8-10-09; 96-889, eff. 1-1-11; | 4 | | 96-1000, eff. 7-2-10; 96-1490, eff. 1-1-11.)
| 5 | | (40 ILCS 5/18-126.1) (from Ch. 108 1/2, par. 18-126.1)
| 6 | | Sec. 18-126.1. Temporary total disability. A participant
| 7 | | who has served for at least 2 years as a judge and has at least | 8 | | 2 years
of service credit shall be entitled to a temporary | 9 | | total disability
benefit provided:
| 10 | | (1) While in employment as a judge, the participant is | 11 | | found by
medical examination to be mentally or physically | 12 | | incompetent to perform his
or her duties;
| 13 | | (2) The participant does not receive or have a right to | 14 | | receive
any salary as a judge;
| 15 | | (3) The board has received written
certifications by at | 16 | | least 2 licensed and practicing physicians designated
by it | 17 | | certifying that the participant is totally disabled
and unable | 18 | | to perform the duties of his or her office as a consequence
| 19 | | thereof; and
| 20 | | (4) The participant is not engaged in any form of gainful
| 21 | | occupation during his or her disability.
| 22 | | The benefit shall begin as of the day following
the | 23 | | removal of the judge from the payroll on account of the | 24 | | disability
and be payable during the period of disability but | 25 | | not beyond the term of
office for which the participant was |
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| 1 | | last elected
or appointed.
| 2 | | The benefit shall be 50% of the participant's rate of | 3 | | salary
in effect at the date of removal from the payroll and | 4 | | shall be payable
monthly. The rate of salary to determine the | 5 | | benefit under this Section payable to a participant who first | 6 | | serves as a judge on or after January 1, 201l shall be subject | 7 | | to the annual salary limitation prescribed by subsection (b-5) | 8 | | of Section 18-125.
| 9 | | A participant shall receive service credit for retirement | 10 | | and survivor's
annuity purposes for the period that temporary | 11 | | disability benefits are paid.
| 12 | | The board shall prescribe rules and regulations necessary
| 13 | | for the administration of this benefit.
| 14 | | (Source: P.A. 83-1440.)
| 15 | | (40 ILCS 5/18-128.01) (from Ch. 108 1/2, par. 18-128.01)
| 16 | | Sec. 18-128.01. Amount of survivor's annuity.
| 17 | | (a) Upon the death of
an annuitant, his or her surviving | 18 | | spouse shall be entitled to a survivor's
annuity of 66 2/3% of | 19 | | the annuity the annuitant was receiving immediately
prior to | 20 | | his or her death, inclusive of annual increases in the | 21 | | retirement
annuity to the date of death.
| 22 | | (b) Upon the death of an active participant, his or her | 23 | | surviving spouse
shall receive a survivor's annuity of 66 2/3% | 24 | | of the annuity earned by the
participant as of the date of his | 25 | | or her death, determined without regard
to whether the |
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| 1 | | participant had attained age 60 as of that time, or 7 1/2%
of | 2 | | the last salary of the decedent, whichever is greater.
| 3 | | (c) Upon the death of a participant who had terminated | 4 | | service with at
least 10 years of service, his or her surviving | 5 | | spouse shall be entitled
to a survivor's annuity of 66 2/3% of | 6 | | the annuity earned by the deceased
participant at the date of | 7 | | death.
| 8 | | (d) Upon the death of an annuitant, active participant, or | 9 | | participant
who had terminated service with at least 10 years | 10 | | of service, each surviving
child under the age of 18 or | 11 | | disabled as defined in Section 18-128 shall
be entitled to a | 12 | | child's annuity in an amount equal to 5% of the decedent's
| 13 | | final salary, not to exceed in total for all such children the | 14 | | greater of
20% of the decedent's last salary or 66 2/3% of the | 15 | | annuity received or
earned by the decedent as provided under | 16 | | subsections (a) and (b) of this
Section. This child's annuity | 17 | | shall be paid whether or not a survivor's
annuity was elected | 18 | | under Section 18-123.
| 19 | | (e) The changes made in the survivor's annuity provisions | 20 | | by Public Act
82-306 shall apply to the survivors of a deceased | 21 | | participant or annuitant
whose death occurs on or after August | 22 | | 21, 1981.
| 23 | | (f) Beginning January 1, 1990, every survivor's annuity | 24 | | shall be
increased
(1) on each January 1 occurring on or after | 25 | | the commencement of the annuity if
the deceased member died | 26 | | while receiving a retirement annuity, or (2) in other cases,
on |
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| 1 | | each January 1 occurring on or after the first anniversary of
| 2 | | the commencement of the annuity, by an amount equal to 3% of | 3 | | the current
amount of the annuity, including any previous | 4 | | increases under this Article.
Such increases shall apply | 5 | | without regard to whether the deceased member
was in service on | 6 | | or after the effective date of this amendatory Act of
1991, but | 7 | | shall not accrue for any period prior to January 1, 1990.
| 8 | | (g) Notwithstanding any other provision of this Article, | 9 | | the initial survivor's annuity for a survivor of a participant | 10 | | who first serves as a judge after January 1, 2011 (the | 11 | | effective date of Public Act 96-889) shall be in the amount of | 12 | | 66 2/3% of the annuity received or earned by the decedent, and | 13 | | shall be increased (1) on each January 1 occurring on or after | 14 | | the commencement of the annuity if
the deceased participant | 15 | | died while receiving a retirement annuity, or (2) in other | 16 | | cases,
on each January 1 occurring on or after the first | 17 | | anniversary of
the commencement of the annuity, but in no event | 18 | | prior to age 67, by an amount equal to 3% or the annual | 19 | | unadjusted percentage increase in the consumer price index-u as | 20 | | determined by the Public Pension Division of the Department of | 21 | | Insurance under subsection (b-5) of Section 18-125, whichever | 22 | | is less, of the survivor's annuity then being paid. If 2 or | 23 | | more persons are eligible to receive survivor's annuities as | 24 | | provided under this Section based on the same deceased | 25 | | participant that first serves as a judge after January 1, 2011, | 26 | | the calculation of the survivor's annuities shall be based on |
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| 1 | | the total calculation of the survivor's annuity and divided pro | 2 | | rata. | 3 | | (Source: P.A. 96-889, eff. 1-1-11; 96-1490, eff. 1-1-11.)
| 4 | | (40 ILCS 5/18-133) (from Ch. 108 1/2, par. 18-133)
| 5 | | Sec. 18-133. Financing; employee contributions.
| 6 | | (a) Effective July 1, 1967, each participant is required to | 7 | | contribute
7 1/2% of each payment of salary toward the | 8 | | retirement annuity. Such
contributions shall continue during | 9 | | the entire time the participant is in
service, with the | 10 | | following exceptions:
| 11 | | (1) Contributions for the retirement annuity are not | 12 | | required on salary
received after 18 years of service by | 13 | | persons who were participants before
January 2, 1954.
| 14 | | (2) A participant who continues to serve as a judge | 15 | | after becoming
eligible to receive the maximum rate of | 16 | | annuity may elect, through a written
direction filed with | 17 | | the Board, to discontinue contributing to the System.
Any | 18 | | such option elected by a judge shall be irrevocable unless | 19 | | prior to
January 1, 2000, and while continuing to
serve as | 20 | | judge, the judge (A) files with the Board a letter | 21 | | cancelling the
direction to discontinue contributing to | 22 | | the System and requesting that such
contributing resume, | 23 | | and (B) pays into the System an amount equal to the total
| 24 | | of the discontinued contributions plus interest thereon at | 25 | | 5% per annum.
Service credits earned in any other |
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| 1 | | "participating system" as defined in
Article 20 of this | 2 | | Code shall be considered for purposes of determining a
| 3 | | judge's eligibility to discontinue contributions under | 4 | | this subdivision
(a)(2).
| 5 | | (3) A participant who (i) first serves as a judge | 6 | | before January 1, 2011 and has attained age 60, or first | 7 | | serves as a judge on or after January 1, 2011 and has | 8 | | attained age 67, (ii) continues to serve
as a judge after | 9 | | becoming eligible to receive the maximum rate of annuity,
| 10 | | and (iii) has not elected to discontinue contributing to | 11 | | the System under
subdivision (a)(2) of this Section (or has | 12 | | revoked any such election) may
elect, through a written | 13 | | direction filed with the Board, to make contributions
to | 14 | | the System based only on the amount of the increases in | 15 | | salary received by
the judge on or after the date of the | 16 | | election, rather than the total salary
received. If a judge | 17 | | who is making contributions to the System on the
effective | 18 | | date of this amendatory Act of the 91st General Assembly | 19 | | makes an
election to limit contributions under this | 20 | | subdivision (a)(3) within 90 days
after that effective | 21 | | date, the election shall be deemed to become
effective on | 22 | | that effective date and the judge shall be entitled to | 23 | | receive a
refund of any excess contributions paid to the | 24 | | System during that 90-day
period; any other election under | 25 | | this subdivision (a)(3) becomes effective
on the first of | 26 | | the month following the date of the election. An election |
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| 1 | | to
limit contributions under this subdivision (a)(3) is | 2 | | irrevocable. Service
credits earned in any other | 3 | | participating system as defined in Article 20 of
this Code | 4 | | shall be considered for purposes of determining a judge's | 5 | | eligibility
to make an election under this subdivision | 6 | | (a)(3).
| 7 | | (b) Beginning July 1, 1969, each participant is required to | 8 | | contribute
1% of each payment of salary towards the automatic | 9 | | increase in annuity
provided in Section 18-125.1. However, such | 10 | | contributions need not be made
by any participant who has | 11 | | elected prior to September 15, 1969, not to be
subject to the | 12 | | automatic increase in annuity provisions.
| 13 | | (c) Effective July 13, 1953, each married participant | 14 | | subject to the
survivor's annuity provisions is required to | 15 | | contribute 2 1/2% of each
payment of salary, whether or not he | 16 | | or she is required to make any other
contributions under this | 17 | | Section. Such contributions shall be made
concurrently with the | 18 | | contributions made for annuity purposes.
| 19 | | (d) Notwithstanding any other provision of this Article, | 20 | | the required contributions for a participant who first becomes | 21 | | a participant on or after January 1, 2011 shall not exceed the | 22 | | contributions that would be due under this Article if that | 23 | | participant's highest salary for annuity purposes were | 24 | | $106,800, plus any increase in that amount under Section | 25 | | 18-125. | 26 | | (Source: P.A. 96-1490, eff. 1-1-11.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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